Guber primaries: APC loses first round in court

 

FROM OLUSEYE OJO, IBADAN

 

A Federal High Court sitting in Ibadan yesterday dismissed a motion on notice filed by the All Progressives Congress (APC) in Oyo State against a governorship aspirant of the party, Mr. Adebayo Shittu.

Shittu had sued the APC and INEC over the conducts of wards, local governments and state congresses held on 5th, 12th and 26th April, 2014 respectively.

He accused APC and INEC of non-compliance with the strict provisions and requirements of the APC constitutions 2013 (as amended).

But the dismissed APC motion had stated that Shittu did not have locus standi to sue the party and the Independent National Electoral Commission (INEC) in the state over the conducts of the party’s congresses.

In his ruling on Monday, Justice Ayo Emmanuel, affirmed that Shittu is a member of the APC and was a gubernatorial aspirant for the 2015 elections on the party’s platform. The court also held that Shittu had enough evidence before the court.

Justice Emmanuel also said the court must assume jurisdiction over the case based on the complaints of the plaintiff that the APC, which is the first defendant, failed to conduct the congresses according to provisions and requirements of the APC constitution 2013 (as amended).

He, however, adjourned the case to January 5, 2015 for hearing.

Mr. Kazeem Gbadamosi, who is the counsel to APC, said he had filed stay of execution against court’s ruling in the Court of Appeal.

In the substantive suit, Shittu prayed that the court should declare that his exclusion from the party’s wards, local governments and state congresses as a contravention of the APC Constitution 2013.

He also sought for an order that would nullify and set aside the results of the said APC congresses in the state, adding that the court should declare as unconstitutional the APC primary elections in which delegates from the purported congresses held to select the party’s candidate for the governorship, national and state House of Assembly elections.

Shittu also sought for an injunction to restrain the APC or any of its agents from relying on the results of the purported congresses to submit any name of any person or group of persons to the second defendant, INEC as elected wards, local governments, state officers or delegates for the presidential, governorship, national and state legislature based on the said congresses.

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